Before 1 January 1983, every person born in the UK was automatically British. The British Nationality Act of 1981, which came into effect on 1 January 1983, stated that a person born in the UK after that date would only be a British citizen if either of the parents was a British citizen or was settled in the UK.
A child born in the UK who is not a British citizen is subject to immigration control. The parents of such a child will normally regularise the child’s immigration status, for example, by applying to the Home Office to have the child given the same leave to remain as themselves. This means that if the child leaves the UK with its parents, for example, for a holiday, re-entry will be allowed within the child’s existing leave to remain.
However, there will be instances when a child leaves the UK without leave to remain having been authorised and therefore requires an entry clearance to return. In these circumstances, the ECO should be satisfied that the applicant meets the conditions set out in paragraph 305.
Immigration Rules paragraphs 304 & 305
Maintenance and accommodation requirements do not apply to a person who qualifies under these provisions.
The visa endorsement must be in line with that of the parent(s) in the UK so the ECO will need to see evidence of this. If the parents have different leave durations, it will be for the longer period.
See ECB13 Endorsements
If the parent is a British citizen (for example, having settled and subsequently registered), the ECO should consider whether the issue of a Certificate of Entitlement or British Passport might be appropriate.
A child to whom this section of the Rules applies may also seek entry under another part of the Rules (for example, as a visitor or student).
